N LAW LIBRARIES IN COLONIAL VIRGINIA. TEARLY every Virginia gentleman was a lawyer and a justice of the peace. He was the leader of his neighborhood in the militia, and the dispenser of the law of the land. When the emergencies of the Revolution came, his mind was found ready to grapple successfully with the most important questions of government. His knowledge of English precedent was exhaustive, his skill in expounding constitutional law was remarkable. These facts are inexplicable, unless he had access to legal text-books and reports and unless he used this access to good purpose in making himself master of the legal lore of the day. He was not a mere easy-going, pleasure-loving man, but, in his leisure moments from the care of a great plantation, he employed his time in the study of political and legal questions. stances may be brought forward of men whose lives did not correspond to this description. These were exceptions; we are describing the typical Virginia gentleman of the last century. In closet" and find law books there, which had overflowed, doubtless, from the well-filled. shelves of her liege lord. Oftentimes we learn at how many pounds of tobacco or at how many shillings those who made the inventory valued the books. Often, on the other hand, the skill of the local gentry was not equal to such appraisement, and the entry is merely "inventoried, not valued." 66 Let us take these library catalogues as we find them in the inventories. In Lower Norfolk County, in 1648, John Kemp possessed Rastall's Abridgment of the Statutes," and a part of the "Court Baron and Leet." Though the latter was imperfect, the value of the two was put at two hundred pounds of tobacco. Kemp was of a period which had but few books; a half century later, when wealth had increased and a generation of men had sprung up who had no longer to act as pioneers in the wilderness, we find several notes of law books in inventories. In 1697, Capt. Thomas Cocke of Princess. Anne County owned "The Jure Maritimo," in quarto, "The Office of a Complete Attorney," in octavo, and "The Young Clerk's Guide," "The Compleat Justice," and "A Collection of the Laws of Virginia," in "twelves." These books were the indis From the faithful work of President L. G. Tyler in the "William and Mary College Quarterly," we are enabled to ascertain what were the resources of the Virginians in the way of law books. There were no public libraries in the colony save that of the col-pensable ones and are found in several catlege at Williamsburg. The purchase of books for oneself and borrowing of books from a neighbor were the only means whereby a man could obtain knowledge of what had been published. So, in the detailed inventories of colonial estates, we are able to discover what were the literary resources of the planters. In his reprints of these inventories, President Tyler has enabled us to open the book closets of the colonial gentry and discover what they had to read. We These were small collections. The first penetrate even into "Madam Wormeley's | large one was contained in the library of alogues. Capt. Christopher Cocke, in 1716, seems to have had some of these very books, but he had added to them others, such as Lord "Cook's" "Institutes," Swinburn on "Last Wills and Testaments," Shepherd's "Abridgement of the Common Law," the "Scrivener's Guide," the "Compleat Solicitor," the "Judge's Resolutions upon the Several Statutes of Bankrupts," and a "Catalogue of Law Books." Capt. Arthur Spicer of Richmond County, who died in 1699, leaving a considerable number of legal works. He was well supplied with form books, and owned Herne's "Conveyances," West's "Precedents," Herne's "Precedents," West's "Symbolographia," Symbolographia," A Book of Entries, by J. H.," the "Attorney's Academy," Browton's "Collections of Orders in Chancery," Horne's "Mirrors, Declarations and Pleadings," "The Mysteries of Clerkship," "The Clerk's Tutor," "The Conveyancer's Light," and "The Practical Register." Among his other text-books were Dalton's "Justice," "Terms of the Law," Kitchin's "Jurisdictions of Courts," "The Office of Executor," "The Layman Lawyer," Finch's "Law," "The Law concerning Justices," William Noys' "Compleat Lawyer," Judge Jinkin's Works, "The Office of a Justice," by William Lambert, "A Preparative to Pleading," "Fines and Recoveries," Perkins's "Treatise," Fleetwood's "Office of a Justice," Keble's "Justices." How they are all forgotten! Who knows or cares what was the subject of Perkins's learned treatise, or what was discussed by Judge Jinkins in his judicious works! It is noticeable how the Virginians fortified themselves in justice's practice, by having at their elbow Fleetwood, Keble and others whose very names are gone. Captain Spicer was wide in his legal tastes, owning Bacon's "Elements," Wingate's "Body of the Common Law," "A Dispute between a Civilian and a Common Lawyer," "Index of Sentences," "Life of Sir Matthew Hale," Practical Part of the Law," Noys's "Maxims," "Magna Charta," Wingate's "Abridgements," "Directions for the Study of the Law," "The Office of Executor." In statutes, he possessed Rastall's "Collection," "Pulton's" " Statutes," and the Statutes at Large from 1640 to 1675. Tottle's "Reports," Croke's "Reports," and a "Table to Cook's Reports," were also to be found on his shelves, and are the earliest reports we have noted in Virginia. Captain Spicer had evidently used his books thoroughly and not always with the greatest care, while he had not kept up with the newer works, so that his whole law library was only valued at £5. The appraisers note that most of the books were "old, broken and damnified." Col. Ralph Wormeley of Rosegill, in Middlesex County, died two years later, in 1701. He was one of the chief of the colonial gentry, a member of the Council, and secretary of Virginia. From the prominence of his family, he had received the best education England could give and had studied at Oriel College, Oxford. His library was a marvelous collection for that day and generation and was rich in all sorts of works. In legal works, however, we do not find the variety we noticed in Captain Spicer's library, and the carelessness of the appraisers in referring to "an old Law Book," without mentioning its title, and in giving us such enigmatical titles as "The rule for granting passes," or the "Jurisdiction of Lawful Authority," makes it difficult for us to ascertain exactly what books he owned. Of course he owned the inevitable books on the office of justice of the peace, and the form books, such as the "Clerk's Guide," and the "English Secretary." It was natural, too, to expect Coke's "Institutes," Shepherd's "Abridgement," "Lex Murkatoria" (sic), "Jure Mauritamo " (sic), the Virginia "Law Books," and the English "Statutes Large." His official position and wide experience in public life make it not surprising to find in his inventory "The Office and Authority of Sheriffs," two "Treaties (sic) of Government," "The Foundations of Monarchy," and the "Laws of New England," as well as "Privileges of the Baronage of England." He was clearly somewhat of a jurist and, as church and State were nearly allied in Virginia, he had occasion to refer to "An Abridgment of the Ecclesiastical Laws," and "The History of Tithes." Among more miscellaneous works at we note "6 The Earle of Stafford's Tryal," and the "Mirror of Justices." We can see that the Virginia gentlemen could refer to works in the long winter evenings which would enable them to resist, with stubbornness and with reliance on English precedents, the demands of their governors sent out from the mother country. Col. Richard Lee of Westmoreland County, who died in 1715, at the age of 67, had doubtless found his law books of value to him in the sessions of the Provincial Council, of which he was a member. Like the rest, his reports were limited to Croke and Coke, but his works on constitutional law and government were such as we have not hitherto seen. We find him owning "Governments and Obedience as they are directed by Scripture and Reason," Thomas Smith's "De Republica Anglorum," and "Titles of Honor." He also owned several works on mercantile law, such as a "Treatise of Maritime Affairs," and "A Compleat Book of Sea Laws," while of more miscellaneous character are "Practicle Part of the Law," "Trials per Pais," "Court Keeper's Guide," "Institutio Legalis," "Les Termes de Loy," "Law Dictionary," "Laws of Ecclesiastical Polity," Fitzherbert's "Natura Brevium," and a "Collection of Penal Laws." Another member of the Council, who died in 1718, leaving a small law library, was Edmund Berkeley. His library contained, of course, "The Country Justice," "A Brief Treatise of Testaments," "The Young Clerk's Guide," "A Compleat Collection of all the Laws of Virginia," and "An Abridgement of All the Statutes in Force." He also owned "A Guide to Constables," and "A Perfect Guide for a Studious Young Lawyer." The library is a typical one and shows us the gentleman engaged in acting as justice of the peace, consulting the statutes of England and the colony, settling estates, and drawing up legal documents of all sorts. A similar library was among the effects of Capt. Charles Colston of Richmond County, who died in 1724. The "Jurisdiction of Court Leet," and Beverly's "Abridgement of Virginia Laws," are the only books he owned which we have not found in most of the other libraries. Such cannot be said of the large collection of law books left by Richard Hickman, resident of the city of Williamsburg, and clerk of the Council, who died in 1732. He owned somewhat over a hundred law books, and in his ample collection were to be found textbooks, reports, form books and statutes in considerable number. considerable number. Our old friends are here and with them many more, for example, in reports, Mr. Hickman possessed Hubbard, Modern,Saunders," Levizes," Coke, Latch, Winch, Vaughan, Keylin, Brownloe and Muldsborough, Ventris, "The Second Year Book of Henry VI," etc. In textbooks his inventory mentions "Coke upon Littleton," Plowden's "Commentaris," Powell's "Interpretation," Puffendorf's "Law of Nature and Nations," Wingate's "Maxims," "The Orphan's Legacy," "The Law of Trespass," Wellwood's "Sea Laws," "Instructor Clericalis," in seven volumes, Hawkin's "Pleas of the Crown," "The Law of Obligations," Hale's "Pleas of the Crown," and others. His form books were numerous, among them being Cleft's "Entry," "Modern Conveyancer," Lilly's "Conveyancer," and Lilly's "Entrys." The statutes of England, Maryland and Virginia, law dictionaries, etc., complete this noteworthy collection of books. As clerk of the Council, Hickman needed to be a practiced lawyer, and, in his well-stored shelves, he had every opportunity for complete knowledge of his profession. As the years passed by, other books came. into the inventories. Capt. Samuel Peachy of Richmond County died in 1750 and left a number of law books. Fitzherbert's "Natura Brevium," and Croke's "Reports," were among them, but we also find the unfamiliar names of Webb's "Virginia Justices," "London Cases Abridged," Boyer's "Doc trine of Impeachment," Jacob's "Modern Justice," Kirkwood's "Grand Treatise of the Sea Law," Wingate's "Sermon Law," "Actions for Slander," Godolphin's "Lex Testamentaria," and Sheppard's "Marrow of the Law." As wealth increased, so did Virginian libraries. Mr. George Davenport left a "large collection of law books," in 1766, and when the magnificent library of Col. William Byrd of Westover was sold in April, 1777, three hundred and fifty law books were found amongst its 4,000 volumes. So we see, from the records left in the county court houses, that the Virginians not only prized the traditions and principles of English jurisprudence, but also owned the best legal works of their day, and from these so fitted themselves for legal and governmental positions that it is little wonder that, during the early years of the United States, their hold upon high Federal positions was of such long duration as to make other sections of the country grumble at the continuance of the "Virginia dynasty." The Virginia gentry had been preparing themselves, during more than a century, for rule in a constitutional State and, when this was founded, they were the men best fitted for the public service. WHEN IRVING BROWNE AS A POET. WHEN Thomas Noon Talfourd then only barrister, and unaware that he would soon become Q.C., then sergeant, wearing the consecrated coif, and finally judge, to expire on the bench suddenly while pronouncing to a grand jury majestic words of warning towards duty-wrote his dramatic poem of "Ion," which Macready placed upon the stage of Drury Lane, the benchers of his Inn shook their wigs reproachfully, and mourned that such a promising junior should imperil his chances at the bar by mixing his briefs with poetry, so fixed in their minds was the old notion that law was too jealous a mistress to put a side-saddle on Pegasus. Not even the illustrious precedent of Sir William Jones placing his treatise on bailments and his poetic translations from the Persians side by side in the library of the Middle Temple could break down the prejudices of benchers against having their disciples flirt with Erato or Calliope. American lawyers have never entertained similar prejudices, so that their annals all over the Union have interwoven the laurels of the bar with the flowers of the poet when crowning the same individual. As witness the published poems of Joseph Story; the dramatic epic of his son who prepared also a treatise on the law of sales; or Recorder Vaux of Philadelphia; or Albert Pike with his classic odes; or Richard Henry Wilde, a great Southern jurist, with his tender lyric beginning " My life is like a summer rose"; or Attorney-General Benjamin F. Butler, who on one day would pen an opinion for a department, and on the next a poem for the "Democratic Review"; or his son, William Allen Butler. And now recently comes the monthly sitter in THE GREEN BAG'S Easy Chair, Irving Browne, with a daintily printed and daintily bound volume of poems well entitled "The House of the Heart," which his brother lawyers may place on their bookshelves beside the many bound volumes of that poet's " Albany Law Journal." Seldom have flowed better "rivulets of pearl type through wide meadows of margin," than this poetical house exhibits. The title is most apt, for the lyrics group themselves under subdivisions fantastically poetic in their very names, such as: "The Library," "The Bedroom," "The Nursery" and "Tower" and "Garret," or "Windows that look upon street, or woods, or on churchyard." A ramble through these pages exhibits poesy attached to ideas and ideals, as well as to harmonious thoughts and musical lines; also versatility of grave, gay, witty and tender topics. Many are Horatian in Many are Horatian in mold, and some hint of the style of Juvenal or Pindar, yet modern in tone and treatment. The author shows high imaginative power, even in mere choice of topics and appellations. In fact, he These few extracts will serve to show the extent of Irving Browne's poetic grasp from the first to the last of his 155 pages. Once, one X-ray turns upon the poet and develops the lawyer in these verses entitled "Two faces seen at the window of a jail." Upon page 101 is a "Christening Hymn " that should at once find place in a church hymnal, and could be sung to the good old Puritan tune of "Dundee." The poems collected in the lyric entitled "How a bibliomaniac could bind his books" challenge even the ingenuity in that direction of Tom Hood, and the lyrics sung in "The Nursery" to the little ones, equally challenge the tenderness, in a similar behalf, of the late Eugene Field. Few can read the lyric entitled "Man's Pillow,"-first, on a mother's breast, and lastly in old age when death hovers, without feeling the perusing eyes hovers, to moisten. Upon the whole, the volume is precisely one for the lawyer on his summer vacation to take to the hammock on the seaside piazza, or under the trees, or by the brookside, reading from it at any of these retreats, upon an August or September afternoon, the poem entitled "A Vision of Ships," or "Bob White" and his treetop song, or "The Water Nymph"; and no tourist to the White Mountains or the Catskills could fail of delight at perusing the playful lyric entitled "A Bed in a Country Inn," which smacks of the memories of a lawyer upon circuit. |